Where a teacher alleged a plausible failure to hire claim based upon his race, his disability discrimination, retaliation and defamation claims were dismissed as untimely or insufficient. However, he was given an opportunity to replead and state a claim for ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Where a company sought coverage for alleged damages related to the seizure of a vessel by the Indian government which detained the guards and crew and charged them with importing weapons, no duty was owed by the insurer, as the ...

Tagged with: Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

Where a CFO was sued by employees for assault and battery and the company for hostile work environment, the employees’ claims can go forward. Numerous other claims however, were dismissed, as was an attempt to hold the company liable for ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Although the plaintiff challenged the United States Citizenship & Immigrations Services’ denial of his application for adjustment of his status, he lacked standing because even if he were to be declared an arriving alien, it would not redress his claimed ...

Tagged with: Immigration Judge T.S. Ellis III U.S. District Court - Eastern District

Because the defendant in the insurance coverage dispute repeatedly failed to correct its discovery deficiencies, its ability to rely on its discovery responses was limited and the plaintiff may seek recovery of its own fees and costs. Background On or ...

Tagged with: Civil Practice Judge T.S. Ellis III U.S. District Court - Eastern District

Where the owner of a patent for a radiation shield provided a distributor with products to use for a demonstration and copyrighted photos to use in its marketing materials and the distributor then altered the photographs to sell its own ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

A pharmaceutical company was not entitled to additional patent term adjustment time because the Patent and Trademark Office correctly determined that any time that could be awarded based on a delay caused by the PTO’s failure to act by certain ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Where an employee signed an offer letter extended by the company that had acquired the company she had been working for, her agreement to the jury waiver contained within the offer letter was voluntary even though she would have missed ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

A claim for breach of a collective bargaining agreement, or CBA, failed as a matter of law because the CBA had expired. And, because the CBA had expired, and thus there could be no claim for failure to provide fair ...

Tagged with: Judge T.S. Ellis III Labor U.S. District Court - Eastern District

Where a Medicare-certified home health services provider should have known, based on publicly available guidance, that certain claims it submitted were not actually covered by Medicare, the provider was required to reimburse the Department of Health and Human Services for ...

Tagged with: Administrative Judge T.S. Ellis III U.S. District Court - Eastern District